Right to Privacy Vs. Right to Access Digital Records

October 6, 2017

Wealthmanagement.com

By: Carole M. Bass

These days, much of our clients’ lives are lived online in a virtual world. It’s how they communicate with others, conduct their banking and business and do their shopping. What happens to all of this online information when they die?

Last year, New York enacted Article 13-A of the Estates, Powers and Trusts Law (EPTL), modeled after the Revised Uniform Fiduciary Access to Digital Assets Act, attempting to provide a decedent’s personal representative with access to certain electronic communications after death while balancing the personal representative’s need for information with the decedent’s right to privacy in his electronic communications.

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